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2006-1056-Order No. 2006-173 Recorded 12/15/2006COUNTY NANCYUBLANKENSHIP,F000NTY CLERKS CJ 2406.1056 COMMISSIONERS' JOURNAL 1211512006 11:24:38 AM 1111111111111111111111111111111 2006-3086 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book and Page , or as Fee Number DESCHUTES COUNTY OFFICIAL RECORDS REVI D NANCY BLANKENSHIP, COUNTY CLERK 1006.81N L GAL OUNSEL IIIIIilllllllllilllil NO FEE 1111111 1111111 IIIII II 00~ 1111111 i5217200800817480040047 12/14/2006 03;54;08 PM D -M37 CntwJ Stn=23 TM This is a no foe document BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Amending Order No. 2005-069, Approving a Waiver of Land Use Regulations to * ORDER NO. 2006-173 Authorize Central Electric Cooperative, Inc. to Use the Subject Property as Allowed When it Acquired the Property and Declaring Order No. 2006-093 to be Null and Void WHEREAS, On August 29, 2005 following a public hearing the Board adopted Order No. 2005-069, and thereby announced the Board's decision to approve an application submitted by Central Electric Cooperative, Inc. (CEC) under the provisions of Measure 37 (since codified at ORS 197.352); and WHEREAS, Order No. 2005-069 included Exhibit B, which was intended to describe the property which CEC submitted as being affected by County land use regulations subject to Measure 37; and WHEREAS, the property description contained in Exhibit B attached to Order No. 2005-069 mistakenly failed to describe all of the property over which CEC had submitted its Measure 37 claim; and WHEREAS, the Board previously adopted Order 2006-093 in an effort to correct the mistake in Order number 2005-069, however, the proceedings which led to the adoption of Order 2006-093 did not include new evidence, nor did it offer interested parties an opportunity to comment on new evidence; and WHEREAS, on August 24, 2006 the Deschutes County Circuit Court entered an Order (Case No. 05CV0511MA), which remanded the Board's Order No. 2005-069 with directions to correct the legal description; and WHEREAS, on December 4, 2006 the Board conducted a hearing for the purpose of receiving evidence bearing on the legal description for the property over which CEC submitted its Measure 37 claim, allowing interested parties an opportunity to submit written comments on such new evidence and considering an amendment to Order No. 2005-069 to correct Exhibit B; and WHEREAS, the Board received evidence from staff and interested parties bearing on the proposed description of the property over which CEC had based its Measure 37 claim; now therefore: THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. Order No. 2005-069 is amended by replacing the existing Exhibit B with a new Exhibit B, as attached hereto and incorporated herein by this reference. Section 2. The Board hereby finds as follows: a. Documentation submitted by persons opposed to CEC's Measure 37 claim included materials that were either previously submitted to or available to submit to the Board in 2005. Such materials do not controvert the information furnished to the Board in response to the Court's order remanding this matter to the PAGE 1 of 4 - ORDER No. 2006-173 (12/13/06) Board. Several of CEC's easements were executed in 2001, some of which contained language purporting to release CEC's interest in corresponding easements obtained in 1962. The property interests obtained by CEC in 2001 appear to encompass a portion of the area that was covered by the corresponding 1962 easements. The Board finds it unnecessary to decide whether or not such release provisions entirely disposed of CEC's earlier interest in property. The Board finds that such release (if any) of CEC's interest did not result in a break or interruption in CEC's property interest. County land use regulations which will not be applied to CEC's desired transmission line upgrade are those which otherwise restrict CEC's ability to construct, operate and maintain a power transmission line and associated poles, so long as such use and activity is located within the areas authorized by the easements CEC obtained in 1962, 1971 and 1972, or in 2001, provided such later easements are based upon such earlier easements. b. The Surveyor's Index of Sheets is not a title history to each property segment included in CEC's Measure 37 claim. For example, the Yoder property (15-11-17-00800), while burdened by an easement dated 2001, was also the subject of an easement created in 1962 by J.W. Wheeler (Property Rec. Vol 130 P. 54), and as recited in a Contract of sale and deed from Lunsford to Bonsall (Vol 13, P. 378, Vol 151 P. 335 and Vol 152 P. 624) and a deed from Bonsall to Yoder (Vol 152 P. 625). Section 3. Nothing contained in this Order is intended as granting to CEC any interest in real property, or as depriving any property owner of any property rights or property interests. If any term or provision of this Order is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Order did not contain the particular term or provision held invalid. Section 4. Order No. 2006-093 is null and void. Section 5. Except as otherwise provided herein, the terms and conditions set forth in Order No. 2005- 069 shall be unchanged. DATED this day of December, 2006. ATTEST: 11 Recording Secretary BOARD O OUNTY COMMISSIONERS OF DE TES COUNTY, OREGON r~ -0 1 NNIS LUKE, Chair C MIC AFL M. DALY, C missioner 0 - BEV CLARNO, Commissioner PACE 2 of 4 - ORDER No. 2006-173 (12/13/06) j Exhibit "B" INDEX OF EASEMENTS Legal Grantor Date p. 3 Kay Cyrus 02-02-62 p. 4 Connie and Keith Cyrus and Charles and Marguerite Boyd 01-29-62 p. 5 Elmer & Dorothy Gridley 03-06-62 p. 6 Kenneth & Maxine Ray and Ralph & Ruth Kirk 05-25-62 p. 8 Willard & Mae Cyrus and Melvin & Inez Cyrus 01-16-62 P. 9 J. W. Wheeler 11-21-61 p. 10 Charles & Grace Trachsel 02-14-62 p. 11 Don & Christine Currier and William & Faye Brown 03-21-62 p. 12 Everett & Eva Thornburgh 01-16-62 p. 13 Central Oregon Irrigation District 08-10-62 p. 18 Keith and Conida Cyrus 03-15-72 p. 14 Kay Cyrus 02-02-62 p. 15 Connie & Keith Cyrus and Charles & Marguerite Boyd --_-62 p. 16 Louise Morley 06-22-71 p. 20 Louise Morley 02-11-72 County M37 Recorders Record Office Record 178/382 130/97 179/383 130/98 180 130/495 181 131/199-200 183 130/53 184 130/54 185 130/167 186 130/494 50/187 130/52 188 132/226 189/386 183/90 178 130/97 179/383 130/98 384 176/860 388 182/357 PAGE 3 of 4 - ORDER No. 2006-173 (12/13/06) C f County M37 Recorders Legal Grantor Date Record Office Record p. 23 Everett & Eva Thornburgh 07-11-01 17/350 2001-34658 p. 24 Eagle Crest, Inc. 11-13-01 19/351 2001-34658 p. 28 Everett & Eva Thornburgh 07-11-01 24/355 2001-34659 p. 30 Desert Springs Ranch LP 09-17-01 26/357 2001-61301 p. 31 Desert Springs Ranch LP 09-17-01 23/358 2001-61301 p. 33 Yoder Trust 06-19-01 28/360 2001-30203 p. 35 William & Anne Boyer 08-08-01 30/362 2001-61300 p. 38 Rita Trachsel 05-31-01 33/365 2001-26557 p. 40 Rita Trachsel 05-31-01 35/367 2001-26558 p. 42 Thomas & Gaylene Craven 06-19-01 37/369 2001-30205 p. 44 W. & Elizabeth Carter 06-21-01 39/371 2001-30202 p. 46 Paul & Rhonda Sadler 06-28-01 41/373 2001-34656 p. 48 Robert Kurtz 06-20-01 43/375 2001-30206 p. 50 Karl Nulton 07-03-01 45/377 2001-34657 p. 52 Donald & Corinne Pray 06-20-01 47/379 2001-30204 p. 54 Carl, Rusty & Dorothy Gridley 06-21-01 49/381 2001-30810 PAGE 4 of 4 - ORDER No. 2006-173 (12/13/06)